We will refer to IntelleBoost, LLC throughout this document as “IntelleBoost”, “we”, or “us”. Visiting or otherwise using IntelleBoost constitutes acceptance of and agreement to these terms and conditions. Please read these Terms of Use carefully.

IntelleBoost accounts are designed for and registered to schools for use of educators at a school granted an IntelleBoost license. Multiple educators may login and use IntelleBoost with a licensed school’s username/password assigned to the school where they teach. In some instances we grant individuals their own account access; however, individuals registering for an individual account must be 18 or older.

IntelleBoost reserves the right to suspend, discontinue, delete, modify, or remove any content or functionality offered in our IntelleBoost serves from time to time, without prior notice, without reason or liability, and/or to offer certain content or functionality only in various versions or in selected times, based on IntelleBoost’s sole discretion. In addition, IntelleBoost may change users for certain content or functionality which are currently available for free.

Privacy Policy

Please review our Privacy Policy, which are incorporated into, and considered part of, these Terms of Use, and also governs your visit to the IntelleBoost website and use of the content in the IntelleBoost services, including without limitation, the text, technology, user interfaces, videos, sounds, music, games, all audio visual or other material appearing on or emanating to and/or from the IntelleBoost website, as well as the design and appearance of our website and the accompanying information and documentation (“the Content”). By visiting or using IntelleBoost, you agree to our Privacy Policy, as in effect from time to time.

License and IntelleBoost Website Access

IntelleBoost grants you a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and make personal use of the IntelleBoost website and not to download (other than is necessary for page viewing) or modify any portion of the IntelleBoost website, except with our express written consent. This license does not include any resale or commercial use of the IntelleBoost website or the content. The IntelleBoost website or any portion of IntelleBoost may not be reproduced, distributed, duplicated, republished, copied, sold, resold or otherwise exploited without our express written consent. You may not frame or utilize framing technologies or caches to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of IntelleBoost without our express written consent. Any unauthorized use of the IntelleBoost website automatically terminates your permission or license to use our IntelleBoost website.

Certain IntelleBoost content may include links to third party websites or portions thereof as a convenience to you. Those sites may collect data or solicit personal information from you. We do not monitor or endorse any websites or the information, products or services contained on or accessible through such websites. These websites are not under our control and we are not liable for the content or accuracy of those websites or the products or services offered on or through those websites. If you access such websites, you do so solely at your own risk.

User Account

Certain content and functionalities in our IntelleBoost website require registration in order to be able to enjoy such content and functionalities. IntelleBoost reserves the right to decide which content and functionalities require registration or will require registration in the future. If you wish to register to use such content and functionalities in our IntelleBoost website, you must continue to abide by these Terms of Use. You are responsible for maintaining the confidentiality of your username and password, or school’s username and password. Please note: IntelleBoost is in the business of producing and selling educational content and products designed for children. However, IntelleBoost sells them to adults, who, among other things can legally enter into credit card transactions or other permitted payment methods and agreements.

Intellectual Property

Subject to the provisions of these Terms of Use, our IntelleBoost website and the Content are owned by or licensed to IntelleBoost, LLC, subject to copyright, trademark and other intellectual property rights under United States and foreign laws and international conventions. IntelleBoost reserves all rights to the Content. You agree not to engage in the use, copying, or distribution of any Content unless you are expressly permitted to do so by a written agreement with us. You agree not to circumvent, disable or otherwise interfere with security related features of the IntelleBoost website or features that prevent or restrict use of copying of any Content or enforce limitations on the use of the IntelleBoost website or the Content.

All product, brand and company names and logos used on our IntelleBoost website are the trademarks or registered trademarks of their respective owners. Any use of any of the marks appearing on the IntelleBoost website, whether or not owned and/or operated by IntelleBoost (unless you first receive our express written consent or the consent of the owner of the mark, as appropriate), is strictly prohibited.

Copyright Policy and Complaints

IntelleBoost respects the intellectual property of others. If you believe that any material of the IntelleBoost website infringes upon any copyright that you own or control, please send us a notification of such infringement containing the following information.

· An electronic or physical signature of person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

· A description of the copyrighted work or other intellectual property that you claim has been infringed;

· A description of where the material that you claim is infringing can be found on the IntelleBoost website;

· A statement that you believe that the disputed use is not authorized by the copyright owner, its agent, or the law; and

· A statement by you at the bottom of your notification exactly as follows: “I hereby declare, under penalty of perjury, that the above information is accurate and that I am the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner.”

INTELLEBOOST WEBSITES INCLUDING THE CONTENT AND ALL INFORMATION, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH INTELLEBOOST’S WEBSITES ARE PROVIDED BY INTELLEBOOST ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. INTELLEBOOST MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE INTELLEBOOST WEBSITES OR THE CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH ITS INTELLEBOOST WEBSITES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE INTELLEBOOST WEBSITES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, INTELLEBOOST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. INTELLEBOOST DOES NOT WARRANT THAT THE INTELLEBOOST WEBSITES, THE CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE INTELLEBOOST WEBSITES, THEIR SERVERS, OR E-MAIL SENT FROM INTELLEBOOST ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL INTELLEBOOST OR ANY OF ITS AFFILIATES OR CUSTOMERS, SUPPLIERS OR THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING FROM THE USE OF THE INTELLEBOOST WEBSITES OR FROM THE CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE INTELLEBOOST WEBSITES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OR RELIANCE OR, INABILITY TO USE THE INTELLEBOOST WEBSITES OR ANY OF THE CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE INTELLEBOOST WEBSITES, OR WHETHER THEY ARISE FROM THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF ANY OF INTELLEBOOST WEBSITES OR ANY CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE INTELLEBOOST WEBSITES.

IN NO EVENT, SHALL INTELLEBOOST’S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS, THE LICENSE PROVIDED HEREUNDER, OR THE USE OR EXPLOITATION OF THE INTELLEBOOST WEBSITES IN ANY MANNER WHATSOEVER EXCEED THE AMOUNT ACTUALLY PAID, IF ANY, TO INTELLEBOOST BY THE INJURED PARTY.

IN ANY JURISDICTION THAT DOES NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF INTELLEBOOST OR ANY OF ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, AFFILIATES, AGENTS, SUPPLIERS, CUSTOMERS OR LICENSEES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

In addition, IntelleBoost will not be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, but not limited to, internet failure, computer equipment failures, telecommunication equipment failure, other equipment failure, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light or air conditioning.

Termination

You may stop using the IntelleBoost Website and Content at any time and in your sole discretion, with no need for justification and with no charge, contact IntelleBoost and request to delete your account and/or disable your subscription. Note that the termination of an account or a subscription does not delete the information posted by you and you may need to contact IntelleBoost directly to request editing, deletion or removal of such information.

IntelleBoost reserves the right to terminate, without prior notice, any user account or to suspend any or all of the access to the Content, with or without the user's consent, for violating these Terms of Use. If your account is terminated, your rights to use the IntelleBoost Website and the Content will cease immediately. Termination is without prejudice to all other remedies available to IntelleBoost by law or under these Terms of Use.

Waiver

Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by the waiving party.

Disputes and Applicable Law

By visiting the IntelleBoost website, you agree to the laws of the State of Georgia, without regard to principles conflicts of laws, will govern these Terms of Use and any dispute that might arise between you and IntelleBoost. Any dispute relating in any way to your visit to the IntelleBoost website or to the Content, products or services sold or distributed by IntelleBoost or through IntelleBoost shall be solely adjudicated in Supreme Court of the State of Georgia or the US. Federal Distict Court located in Fulton County, Georgia, and you consent and submit to exclusive jurisdiction and venue in such courts and agree to accept service of process by electronic mail. Without derogating from the above, any claim that the User may have in connection with these Terms of Use must first, and before taking any other legal action, be submitted to IntelleBoost in the form of a complaint (to: info@intelleboost.com), to enable the parties to resolve the claim in a friendly and effective manner. If the parties fail to resolve the claim in this manner in a reasonable timetable, or if any other claim or dispute in connection with these terms arises, it shall be resolved in the exclusive jurisdiction and venue as specified above. Notwithstanding the foregoing, IntelleBoost may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.

Changes and Severability

We reserve the right to make changes to the IntelleBoost website, our policies, and these Terms of Use at anytime. Posting the modified Terms of Use or Privacy Policy on the IntelleBoost website will give effect to the revised terms; however, we will send notification via electronic mail to all those with active, registered accounts of these revisions. Your continued use of the IntelleBoost website and/or the Content indicates your acceptance of any revised terms. If you do not agree to the revised terms, please refrain from using the Content and/or the IntelleBoost website. If any of the terms or conditions in these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed servable and shall not affect the validity and enforceability of any remaining condition.

You agree to receive communications from us electronically regarding your account, these Terms of Use and the IntelleBoost website, and such communications sent from us shall be considered sufficient means of notice, whether applicable law requires written notice or not. You further agree that your electronic communications, except for communications regarding subscriptions, are not confidential.